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    • ivoryandgold
    • By ivoryandgold 21st Nov 17, 4:47 PM
    • 12 Posts
    • 1 Thanks
    ivoryandgold
    Yup - I'm just worried they are going to lie through their back teeth in an attempt to stop a payout. They sent us the details of the flight and it states 2 hour 55 minutes so I'm unsure how we can go about proving otherwise if they continue to claim that this was the length of the delay.

    Also the reason for disruption they list on this e-mail isn't what was told to us on the plane, which is odd. They state 'this delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to technical difficulties '. It is true that we were put on a different aircraft last minute, but we were then sat on that plane for 2 hours because a warning light came on about heating/aircon that needed to be fixed.

    Is there anyway I can ask the airport for any confirmation regarding what time the doors opened or is that just a laughable suggestion?

    I don't know what they'll come back with and say but hopefully its a success story - can't believe how slippery they can be! Thanks for the help!
    • jpsartre
    • By jpsartre 21st Nov 17, 5:14 PM
    • 2,772 Posts
    • 1,843 Thanks
    jpsartre
    Is there anyway I can ask the airport for any confirmation regarding what time the doors opened or is that just a laughable suggestion?
    Originally posted by ivoryandgold
    Maybe I'm wrong but I'd be surprised if anyone (airline or airport) makes a note of exactly when doors are opened. At least I've never seen any crew member make a note of this.
    • Tyzap
    • By Tyzap 22nd Nov 17, 4:06 AM
    • 1,169 Posts
    • 559 Thanks
    Tyzap
    Maybe I'm wrong but I'd be surprised if anyone (airline or airport) makes a note of exactly when doors are opened. At least I've never seen any crew member make a note of this.
    Originally posted by jpsartre
    I understand that the 'doors open' data is one of the parameters that does get recorded on every flight, so the airlines do have a record.

    They quote 'landing time' because it is more favourable to them.

    You can ask for this information at the 'disclosure' stage of court proceedings. It's the only time they cannot refuse to make it available to you during the claim procedure.
    Please read Vaubans superb guide.
    • legal magpie
    • By legal magpie 22nd Nov 17, 12:37 PM
    • 767 Posts
    • 360 Thanks
    legal magpie
    I would ask for it at an earlier stage because while in other tracks, the parties are under a duty to disclose all relevant documents, in the small claims track, the parties only have to disclose documents on which they intend to rely.
    So at the directions questionnaire stage, I would ask the Court to direct that the airline discloses ALL documentation relevant to the flight.
    • 111KAB
    • By 111KAB 23rd Nov 17, 7:38 AM
    • 3,639 Posts
    • 1,479 Thanks
    111KAB
    Maybe I'm wrong but I'd be surprised if anyone (airline or airport) makes a note of exactly when doors are opened. At least I've never seen any crew member make a note of this.
    Originally posted by jpsartre

    Automatic data recording - the system is ACARS - crew members are not involved.
    • JPears
    • By JPears 23rd Nov 17, 9:16 AM
    • 3,332 Posts
    • 924 Thanks
    JPears
    Automatic data recording - the system is ACARS - crew members are not involved.
    Originally posted by 111KAB
    See - you come on here and learn something new everyday...
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • ivoryandgold
    • By ivoryandgold 23rd Nov 17, 1:25 PM
    • 12 Posts
    • 1 Thanks
    ivoryandgold
    Automatic data recording - the system is ACARS - crew members are not involved.
    Originally posted by 111KAB
    Oh this is good! So would it be reasonable of me to request what time the doors were recorded as opened as per the ACARS system?

    Thanks all for your help!
    • Tyzap
    • By Tyzap 23rd Nov 17, 3:44 PM
    • 1,169 Posts
    • 559 Thanks
    Tyzap
    Oh this is good! So would it be reasonable of me to request what time the doors were recorded as opened as per the ACARS system?

    Thanks all for your help!
    Originally posted by ivoryandgold
    It would be very reasonable, unfortunately they will probably be unreasonable. The airlines don't like to give information unless they have to.

    Good luck.
    Please read Vaubans superb guide.
    • tonydata
    • By tonydata 1st Dec 17, 11:12 AM
    • 7 Posts
    • 0 Thanks
    tonydata
    Ent455
    Hi all,

    So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the £150 on basis of signing NDA...

    @mcragg0607
    @Mr Nibz
    @Tinks19700

    Or anyone else claiming for this delay, have any of you made any progress?

    My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential Ä1600 is going to dwindle if it's awarded!

    Any advice on the best NWNF to go with, happily received
    • Tyzap
    • By Tyzap 1st Dec 17, 2:54 PM
    • 1,169 Posts
    • 559 Thanks
    Tyzap
    Hi all,

    So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the £150 on basis of signing NDA...

    @mcragg0607
    @Mr Nibz
    @Tinks19700

    Or anyone else claiming for this delay, have any of you made any progress?

    My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential Ä1600 is going to dwindle if it's awarded!

    Any advice on the best NWNF to go with, happily received
    Originally posted by tonydata
    Hi tonydata,

    There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

    Good luck.
    Please read Vaubans superb guide.
    • tonydata
    • By tonydata 1st Dec 17, 2:56 PM
    • 7 Posts
    • 0 Thanks
    tonydata
    Hi tonydata,

    There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

    Good luck.
    Originally posted by Tyzap
    Cool, ok, thanks Tyzap.... Will probably have a go myself!
    • starbuck_
    • By starbuck_ 4th Dec 17, 3:25 PM
    • 23 Posts
    • 4 Thanks
    starbuck_
    Hi starbuck,

    XL are being very cheeky with that offer, it's a set amount depending on distance etc.

    The airline will be XL Airways (France) as the British company went into liquidation a few years ago. This matters because I don't believe that XL have any operations or offices in the UK. If you can confirm this, it may mean that you will have to use the European Small Claims Procedure to claim your full compensation.

    Dr Watson has provided a very comprehensive guide to the ESCP procedures in the Ryanair thread.

    I don't recall any other claimants who have claimed from XL Airways prior to today, so you may be the first.

    Good luck.
    Originally posted by Tyzap
    Good afternoon,

    I have an update - last week I received an offer, for around 60% of the compensation amount based on distance travelled and length of delay. Should I be pushing for the full 100%? Are they trying it on?

    Thanks
    • JPears
    • By JPears 4th Dec 17, 3:28 PM
    • 3,332 Posts
    • 924 Thanks
    JPears
    Yes and Yes. If they are offering anything at all, they know they are liable and trying to minimise their costs. Send a reply stating that compnsation is a fixed amount per person determined by regulation EU261/2004 and they must send the full amount within a set date, 14 days being reasonable.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • starbuck_
    • By starbuck_ 5th Dec 17, 9:25 AM
    • 23 Posts
    • 4 Thanks
    starbuck_
    They are stating that the flight was not international, therefore max compensation is 400 Euro.

    Apparently SXM - CDG is an 'intra-Community flight', however there was a stopover in PTP. Does that make a difference?

    Thanks

    - 3.

    'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;
    Last edited by starbuck_; 05-12-2017 at 9:27 AM. Reason: Adding definition of 'intra-Community flight.
    • Tyzap
    • By Tyzap 5th Dec 17, 10:49 AM
    • 1,169 Posts
    • 559 Thanks
    Tyzap
    They are stating that the flight was not international, therefore max compensation is 400 Euro.

    Apparently SXM - CDG is an 'intra-Community flight', however there was a stopover in PTP. Does that make a difference?

    Thanks

    - 3.

    'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;
    Originally posted by starbuck_
    Hi starbuck,

    The line of events, airlines used and the time line are not clear to me from what you have posted so far. If you could clarify the events and the airlines used, it would greatly help.

    It's an odd reply from the airline, so I am a bit confused.

    Normally a flight of this distance would determine the highest rate of compensation.

    I believe that there are some 'odd ball' airports, so far as the regulations apply, similar to Gibraltar. So perhaps St Maarten or Guadalupe are regarded as French overseas territories and, therefore, a special case, under the EC261 regulations. It's an area I'm not strong on, so suggest you research this area to check it out further.

    Good luck.
    Last edited by Tyzap; 05-12-2017 at 12:51 PM.
    Please read Vaubans superb guide.
    • Kate33saver
    • By Kate33saver 7th Dec 17, 10:48 PM
    • 1 Posts
    • 0 Thanks
    Kate33saver
    Enterair offering compromise 18 hour delay
    Be kind, my first ever post! Used the MSE tools after an awful 18 hour delay flying Manchester to Rhodes in August with Enterair, a Polish airline whose service was truly terrible! After much fobbing off they are now offering half of what our entitlement is under a compromise agreement, pleading 'extraordinary technical/safety reasons' - which they weren't! They aren't signed up to an ADR scheme so only options are to accept reduced amount or take to CAA whose decision won't be binding on them.. Response has been so poor am not hopeful! Anyone in same situation; I believe they have a shocking reputation? Was a package holiday with Olympic who contracted them but now not getting involved..:
    Last edited by Kate33saver; 07-12-2017 at 10:51 PM. Reason: Wrong thread
    • Tyzap
    • By Tyzap 8th Dec 17, 8:59 AM
    • 1,169 Posts
    • 559 Thanks
    Tyzap
    Hi Kate,

    Enterair are amongst the worst when it comes to customer service, reliability and paying compensation.

    If you read back or do a search for 'Enterair' you you can see some limited success stories and how others have dealt with them.

    Your options are a little limited so I would be tempted to use a good quality, regulated NWNF solicitor such as Bott & Co, I don't recommend using an unregulated claims assistance company due to some PAX losing their compensation to unscrupulous companies in the past.

    Good luck.
    Please read Vaubans superb guide.
    • JPears
    • By JPears 8th Dec 17, 10:49 AM
    • 3,332 Posts
    • 924 Thanks
    JPears
    Like he said.
    The fact that they offered half means they are fully aware they are liable, they are just trying to fob you off.
    Go to the CAA with your claim AND a complaint about Enterair's behaviour.
    Going legal DIY is problematic in terms of enforcement.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • welshykev
    • By welshykev 8th Dec 17, 7:42 PM
    • 1 Posts
    • 0 Thanks
    welshykev
    BMI Regional Claim and CAA Non-Responsive
    Hi

    Hoping I can get some advice. To summarise, I have made a claim against BMI back in July, heard nothing so put my complaint to CAA in September. I chased it up once and was told by CAA that they are still waiting for BMI to get back to them. I have chased up CAA again but am getting no response. Feels like nothing is being done. I am at a loss and don't know what my next move should be. Any ideas?

    I have pasted the main content of my original letter below....

    Re: Compensation claim for cancelled flight & delayed flight
    Ticket Number: 2202381015304 (Lufthansa) Operated by BMI Regional

    I am writing regarding 2 instances of cancelled/delays that affected my recent holiday.

    The total compensation sought is a minimum of £440. I do not wish to receive vouchers as I do not intend to travel with BMI Regional again following this awful service. I seek compensation in GBP.

    I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

    Instance 1: Bristol to Frankfurt

    Flight xxxxx on xx June 2017, due to depart from Bristol Airport directly to Frankfurt International Airport at the scheduled departure time of 6:40.

    This flight was cancelled at very short notice without any notification being issued to me seemingly because I had booked through and I am seeking compensation under EC Regulation 261/2004 for this flight.

    I was placed on a KLM flight via Amsterdam (Ticket Number 2202383790170)

    My scheduled flight length was 806km and the delay to the destination of the alternative flight offered was 4hrs and 15mins Iím therefore seeking compensation of £220.

    Instance 2: Frankfurt to Bristol

    Flight xxxxx on xx June 2017 from Frankfurt International Airport to Bristol Airport with the scheduled departure time of 15:00 This flight arrived 5 hours and 45 mins late at Bristol Airport.

    I understand from the air hostesses that the flight was delayed due to a pilot not being available. This is certainly a responsibility of the airline and cannot be deemed a technical fault.

    The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

    My scheduled flight length was 806km therefore I am £220 compensation.
    • glentoran99
    • By glentoran99 8th Dec 17, 7:59 PM
    • 4,906 Posts
    • 3,910 Thanks
    glentoran99
    Hi tonydata,

    There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

    Good luck.
    Originally posted by Tyzap


    it was a different one got me mine, clearlawonline sorted Monarch out for me
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